Heard parties.

2. Though the hearing of the writ petitions were concluded on different dates, however, in view of identical issues being involved, both of them are being considered together and disposed of by a common judgment.

3. In both the writ petitions, identical communications of the Bihar State Election Commission disclosing its decision that the persons, who were Chief Councillor and Deputy Chief Councillor, even after removal from their respective offices under Section 25(4) of the Bihar Municipal Act, 2007 (hereinafter referred to as the Act) upon no confidence motion having been passed by the House, would be competent to contest the election being held for filling up the vacancies of the said posts for the remaining tenure of the Municipal Corporation, are under challenge.

4. Vide order dated 7.9.2015 passed in C.W.J.C. No.19507/2014, the amendment sought for challenging the election to concerned post held subsequently, was allowed but the respondents were given liberty to question the maintainability of the writ petition at the time of final hearing. Thus, the issue of maintainability of the writ petition has also been raised in the aforesaid writ petition. It has